News
Launched in 1999 and updated regularly, Statewatch News includes our own reporting and writing as well as articles, announcements, documents and analyses from elsewhere on civil liberties, EU policies and state practices. You can receive updates in your inbox by signing up to our mailing list, or use our RSS feed to get instant alerts.
UK: Deployment of armed forces in support of civilian authorities on the rise
The use of the armed forces to support civilian authorities in the UK increased sharply in recent years, peaking during the Covid-19 pandemic emergency. From 2016 to 2019 there were between 123 and 157 requests per year within the Military Aid to Civilian Authorities (MACA), marked by a slow progressive increase. Requests grew to 550 in 2020 and then fell to 332 in 2021, returning close to pre-pandemic levels in 2022 (with 76 requests received until 26 May).
European Ombudsman: more transparency and fundamental rights training needed at Frontex
A strategic inquiry into Frontex's compliance with fundamental rights obligations under its enhanced mandate (2019 Regulation) concluded in January, with the Ombudsman “ask[ing] Frontex to improve its accountability”. The results are very mild compared to the OLAF report, excerpts of which were leaked by Der Spiegel on 28 July.
Frontex: agency gives limited outline of role of surveillance in Mediterranean
Responding to a Parliamentary question, Frontex's reply, published here, gives a cursory outline of how its aerial surveillance fits into search and rescue operations, and the agency's knowledge of "Maltese Armed Forces apparently allow[ing] fully loaded and obviously unseaworthy vessels to sail through their maritime rescue zone without taking the necessary measures".
EU: Research ethics in Horizon Europe: two presentations
The EU's research programmes have long been criticised for funding dubious surveillance technologies, and authorities have gone to substantial efforts to keep ethics reports secret - most notably in case of the automated lie detector project, iBorderCtrl. But how are ethics issues supposed to be identified and addressed in Horizon Europe research projects? Two presentations obtained by Statewatch set out how the process is meant to work.
EU: Tracking the Pact: Access to criminal records for “screening” of migrants
Under the Pact on Migration and Asylum, the “screening” of migrants who have entered the EU irregularly or who have applied for asylum will become mandatory. The aim is to establish their identity and to investigate whether they should be considered a “security risk”. To facilitate the screening process, access to the EU’s system of “interoperable” databases is being broadened, with the Council recently approving its negotiating position on new rules granting access to a centralised register of individuals convicted of criminal offences in EU member states.
EU: Tracking the Pact: Parliament and Council want all new asylum and migration laws approved by spring 2024
The European Parliament and the Council of the EU plan to finish negotiating all the asylum and migration laws currently on the table by February 2024, with the aim of having them enter into force by April 2024 at the latest.
Policing: UK-USA Data Access Agreement coming into force in October
The UK government has announced that the 'Data Access Agreement', which seeks to ease the ability of authorities on both sides of the Atlantic to obtain data held by electronic service providers in each others' jurisdictions, will come into force on 3 October. The Agreement allows either side to request "the interception of wire or electronic communications" where deemed necessary.
USA offers foreign states access to 1.1 billion biometric “encounters” in return for reciprocal database access
The US Department of Homeland Security (DHS) is touting ‘Enhanced Border Security Agreements’, offering access to its vast biometric databanks in exchange for other states reciprocating. Reports suggest the UK is already participating, although there is no official confirmation of this. In the EU the proposals have caused a furore amongst privacy-minded MEPs. A document produced by the DHS, obtained by Statewatch, shows what the USA is offering foreign states.
EU: Tracking the Pact: Council demands legal immunity for Frontex in Senegal "under all circumstances"
The negotiating directives for the proposed status agreement that would allow Frontex to operate in Senegal place a strong emphasis on the need for criminal and civil immunity of Frontex staff in Senegal "under all circumstances", while ensuring the most extensive executive powers possible.
EU: Tracking the Pact: Plan for Frontex to deploy "vessels, surveillance equipment, and carry out operational tasks" in Senegal and Mauritania
The EU's border agency is also due to open a "risk analysis cell" in Nouakchott, Mauritania, in autumn this year, according to documents obtained by Statewatch and published here. The two "action files" put heavy emphasis on the "prevention of irregular departures" towards the Canary Islands and increased cooperation on border management and anti-smuggling activities. Earlier this month, the Council authorised the opening of negotiations on status agreements that would allow Frontex to operate in both countries.
EU: Tracking the Pact: New “operational partnerships” with Morocco and Niger
Last week the European Commission announced two new “operational partnerships” with Morocco and Niger aimed at preventing and punishing human smuggling. The day before the Commission’s announcement, the International Centre for Migration Policy Development signed a cooperation agreement with the Nigerien authorities, to support “the fight against irregular migration”.
EU: E-Evidence: "an agreement has been reached on the core elements of the instruments"
A document circulated by the French Presidency of the Council of the EU on 30 June - France's last day of holding the office prior to the arrival of the Czech Presidency - says that during a "political trilogue" meeting with the European Parliament on 28 June, "an agreement [was] reached on the core elements" of the e-evidence proposals, which aim to facilitate the cross-border exchange of electronic data for criminal proceedings. The state-of-play of the Regulation and Directive can be seen in two documents produced following the trilogue, both of which are available here.
UN Special Rapporteurs critical of UK-Rwanda deal
On 1 July 2022, five UN Special Rapporteurs (SRs) wrote to the UK government to provide a legal analysis of the UK-Rwandan Memorandum of Understanding (MoU) of 14 April 2022 to establish an “asylum partnership arrangement”, focusing on the UK state’s obligations under international human rights law. This MoU raises concerns regarding its compatibility with such obligations.
EU: End game approaching for e-evidence negotiations, says French Presidency
Negotiations on the EU’s controversial “e-evidence” proposals may be coming to a close soon, according to a note circulated by the French Presidency of the Council on 16 June.
EU and USA set up “informal expert group” on mutual legal assistance and extradition
The EU and the USA are to set up an “informal expert group” aiming to “improve the practical implementation” of agreements on mutual legal assistance and extradition.
Deportations: EU to push for new readmission agreements "using all levers and incentives available"
Council Presidency progress report from 9 June focusses on “operationalisation of the external dimension, including as regards returns”; protection of the external borders; member state solidarity; and “more effective implementation of the Dublin rules”.
EU police forces authorized to transmit DNA and fingerprint data to the UK from 30 June
EU member states’ police forces will be able to transmit DNA and fingerprint data to the UK from 30 June, as part of post-Brexit cooperation on the ‘Prüm’ network of police databases.
EU: Tracking the Pact: Council mandate for negotiations with the Parliament on Eurodac
On 15 June the French Presidency of the Council transmitted to the COREPER (the Committee of Permanent Representatives) its proposed mandate for negotiations with the European Parliament on Eurodac, the database of asylum-seekers' fingerprints. The plan is to significantly expand the database by introducing new uses, new data categories, and lowering the age limit for inclusion.
EU: Tracking the Pact: Council position on Screening Regulation to gut border monitoring proposal
The proposed Screening Regulation, part of the EU's Pact on Migration and Asylum announced in September 2020, will see most individuals who enter the EU in an irregular fashion detained at the borders with a view to their swift expulsion. On 15 June, the French Presidency of the Council circulated its proposed compromise text, which is likely to form the basis for negotiations with the European Parliament. We are making it available here, along with the preceding version of the text. It maintains plans to gut a proposed fundamental rights border monitoring mechanism of most of its substance.
The fatal policies of Fortress Europe: nearly 50,000 documented deaths since 1993
The anti-racist group UNITED has documented 48,647 refugee and migrants deaths since 1993, detailed in an updated version of its list of deaths that is being published to coincide with World Refugee Day, 20 June.
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